High CourtsSingle Bench

Arvind Gupta @ Fadda vs State Of Uttarakhand

Uttarakhand High Court · Decided on 22 April 2024 · Citation: (2024) 04 UK CK 0124

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Allowed
CASE NUMBER
First Bail Application No. 695 Of 2024
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Judgment

9 paragraphs · 194 words

Ravindra Maithani, J

1.

Applicant Arvind Gupta @ Fadda is in judicial custody in Case Crime No.245 of 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Kotwali Nagar, District- Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 30.03.2024, 10.28 grams smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that the alleged recovered quantity is less than commercial; it is a case of non-compliance of the provisions of the Act; he is not a previous convict.

5.

Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.

6.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.